President of the Republic

- Constitution of Hungary

Chapter III - The President of the Republic

Article 29

(1) The President of the Republic is Hungary's head of State. He stands for the unity of the nation and safeguards the democratic operation of the State organization.

(2) The President of the Republic is the commander-in-chief of the armed forces.

Article 29/A

(1) The President of the Republic is elected by Parliament for a term of five years.

(2) Any enfranchised citizen who has had his 35th birthday by election day is eligible for the post of the President of the Republic.

(3) The President of the Republic may be reelected for this office for no more than one additional term.

Article 29/B

(1) The election of the President of the Republic is preceded by nominations. Written recommendation by at least fifty Members of Parliament is required for valid candidacy. The list of the candidates who have been validly nominated must be submitted to the Speaker of Parliament before the votes are called. Any one Member of Parliament may recommend only one cadidate. The recommendations of those who have made more than one nomination are declared null and void.

(2) Parliament elects the President of the Republic by secret ballot. The voting process may have to be repeated several times as needed. If candidate is elected President of the Republic if he has won two thirds of the votes of the Members of Parliament.

(3) If no candidate commands this two-thirds majority on the first balloting, a new vote has to be called on the basis of new recommendation according to para (1). For election of the second polling, a two-third majority of the votes is required again.

(4) If the required majority has no been produced by the second polling either, a third voting has to be held. On the third polling, the ballots have to be cast for one of the two candidate who received the highest number of votes on the second polling. The President of the Republic is elected on the basis of the third polling if regardless of the number of voter casting ballots - he has won the majority of the votes cast.

(5) The voting process has to be completed in the maximum period of three successive days.

Article 29/C

(1) The President of the Republic is to be elected at least thirty days before expiry of the mandate of the earlier President, and, if the mandate has ended before the end of term, after thirty days of expiry.

(2) The date for the presidential election is set by the Speaker of Parliament.

Article 29/D

The elected President of the Republic occupies his post on the expiry of the mandate of the earlier president, or, in case the mandate has come to an end prematurely, on the eighth day following the announcement of the election returns. Prior to entering office, the President of the Republic takes his oath of office before Parliament.

Article 29/E

(1) In case of the temporary incapacitation of the President of the Republic, or if for some reason his mandate comes to an end prematurely, his competence is bestowed upon the Speaker of Parliament until the new President of the Republic has been inducted into office. However, the Speaker of Parliament acting as President of the Republic may not forward laws to Parliament for reconsideration or to the Constitutional Court for study; he must not dissolve Parliament and has the right of granting clemency only to benefit people whose judgement-at-law has become definitive.

(2) While he is substituting for the President of the Republic, the Speaker of Parliament must not exercise his rights as a member of Parliament, and his responsibilities as Speaker are taken over by the deputy speaker designated by Parliament.

Article 30

(1) The office of the President of the Republic is incompatible with every other State, social, and political office or assignment. The President of the Republic may not pursue any other remuncrative occupation, and, except for activities enjoying copyright protection - must not accept any other fees.

(2) The votes of two thirds of the MPs present at the sitting are required for decisions on the President's regular fees, prerogatives and reimbursement on costs incurred in the fulfilment of duties.

Article 30/A

(1) The President of the Republic

a) represents the Hungarian State;

b) concludes international treaties and agreements on behalf of the Republic of Hungary. If the subject of the agreement belongs under the competence of the legislation, the prior agreement of Parliament is required for concluding the agreement;

c) accredits and receives ambassadors and envoys;

d) sets the dates for the parliamentary elections and for the general elections of local authorities;

e) may participate in, and have the floor at, the meetings of Parliament and parliamentary committees;

f) may propose that Parliament take certain measures;

g) may make a motion for the holding of a plebiscite;

h) according to rules defined in a separate law, appoints and relieves of their duties state secretaries and ombudsmen;

i) on the proposal of persons or organs defined in a separate law, appoints and relieves the president and vice presidents of the Hungarian National Bank, and university professors; appoints and relieves of their duties the rectors of universities; appoints and promotes generals; confirms the president of the Hungarian Academy of Sciences in his office;

j) confers the titles defined in the law, awards orders of merit and distinctions, and authorizes using or wearing them;

k) exercises the right of granting elemency in individual cases,

l) decides in citizenship cases;

m) decides all affairs separate laws have referred to his competence.

(2) Every measure and decree of the President of the Republic - except for those contained in points a), d), c), f) and g) - require countersigning by the Prime Minister or the competent minister.

Article 31

(1) The mandate of the President is terminated

a) with expiry of the term of office

b) with the death of the President

c) if there is a state of emergency that makes fulfilling his duties impossible for a period of over ninety days

d) if incompatibility has been declared

e) if he has resigned

f) if he has been stripped of the presidency.

(2) In case there are reasons to indicate incompatibility in connection with the person of the President of the Republic in the fulfilment of his office [para 30, ident (1)], Parliament takes a decision on declaring incompatibility after a representative has made the relevant motion. To pass the decision, the affirmative votes of two thirds of the Members of Parliament are required. Voting is by secret ballot.

(3) The President of the Republic may resign from his post in a statement addressed to Parliament. For the resignation to take effect, a statement of acceptance is neccessary from Parliament. Within 15 days after his initial resignation, the President may be requested by Parliament to reconsider his decision. If the President of the Republic abides by his decision, Parliament cannot refuse accepting the resignation.

(4) The President of the Republic may be stripped of his office if in the performance of his functions he has deliberately flaunted the Constitution or transgressed any other law.

Article 31/A

(1) The person of the President of the Republic is inviolable; his special protection is ensured by a separate law.

(2) One-fifth of the Members of Parliament may lodge a motion to impeach the President of the Republic if he has offended against the Constitution or any other law.

(3) To start the impeachment procedure, the votes of two thirds of the members of Parliament are required. Voting is by secret ballot.

(4) After the decision of parliament until the conclusion of the impeachment procedures, the President must not exercise his functions.

(5) Judging the offence is within the competence of the Constitutional Court.

(6) If, as a result of the proceedings, the Constitutional Court has established the violation of the law, it may strip the President of the Republic of his office.

(7) repealed

(8) repealed

Article 32

(1) If impeachment proceedings have been started against the President of the Republic because of an act subject to criminal persecution committed during his term of office in connection with his official duties, the Tribunal has to apply the basic provisions of criminal law procedure as well. A prosecuting commissioner Parliament has chosen from its own ranks presents the indictment.

(2) The President of the Republic may be held criminally accountable for other acts only after the termination of his office.

(3) If the Tribunal has established the culpability of the President of the Republic in a deliberate criminal offence, it may strip him of his office, and at the same time may apply any measure or punishment specified in the Criminal Code for the given offence.